Appeal No. 2003-0663
Application No. 09/072,549
As a matter of Patent and Trademark Office practice, a
specification disclosure which contains a teaching of the manner
and process of making and using the invention in terms which
correspond in scope to those used in describing and defining the
subject matter sought to be patented must be taken as in
compliance with the enabling requirement of the first paragraph
of 35 U.S.C. 112 unless there is reason to doubt the objective
truth of the statements contained therein which must be relied on
for enabling support. Assuming that sufficient reason for such
doubt does exist, a rejection for failure to teach how to make
and/or use will be proper on that basis; such a rejection can be
overcome by suitable proofs indicating that the teaching
contained in the specification is truly enabling, In re
Marzucchi, 439 F.2d 220, 169 USPQ 367 (CCPA 1971); In re Sichert,
566 F.2d 1154, 196 USPQ 209 (CCPA 1977).
Appellants cite page 23 of the specification, as well as
Figures 18 and 19 of the application, and the Ludwig declaration,
filed January 16, 2001 (Paper No. 23), for the proposition that
video signals are passed through loopback/AV mute circuitry 830
via video ports 833 (input) and 834 (output) and into A/V
Transceivers 840 (via Video In port 842) where they are
transformed from standard video cable signals to UTP signals and
-5–
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